Davie Personal Injury Lawyers

Being injured due to someone else’s negligence can be life-changing. In Davie, the personal injury lawyers at Donaldson & Weston provide compassionate legal support and aggressive advocacy to help you move forward. Whether your case involves a car accident, a fall, or another type of injury, we’re ready to fight for the compensation you deserve. Let us review your case during a free consultation. Call 866-349-2912 today to speak with our legal team. There are no fees unless we recover damages for you.

How Long Do You Have to File a Personal Injury Lawsuit in Florida?

When someone is injured in Florida because of another person’s careless or wrongful actions, they often have the right to pursue a personal injury lawsuit. However, that right does not last forever. There’s a legal time frame that dictates how long you have to file a lawsuit, and missing that window could cost you the chance to recover compensation. If you’re in Davie or elsewhere in Florida, understanding this deadline—and the exceptions to it—is a key part of protecting your case.

The Statute of Limitations in Florida Injury Cases

Florida law generally gives injured individuals two years from the date of the accident to file a personal injury lawsuit. This two-year time limit applies to most types of personal injury claims, including those involving car crashes, slip and falls, medical malpractice, and other incidents caused by negligence.

If you try to file your lawsuit after the two-year window closes, the court will likely dismiss your case. That means you lose your ability to seek damages through the court system. Even if your injuries are serious and your claim is strong, waiting too long to act can permanently block your access to legal remedies.

Changes to the Time Limit in Recent Years

Until recently, Florida allowed four years to file a personal injury lawsuit based on negligence. However, in 2023, the law was changed to reduce that time limit to two years. This change affects accidents and injuries that occurred on or after March 24, 2023. If your injury happened before that date, the old four-year deadline might still apply.

Because of this recent legal change, it’s especially important to speak with an attorney if you’re unsure about your case. An experienced lawyer can determine which deadline applies based on the timing of your injury.

How the Discovery Rule May Impact the Deadline

In some situations, you may not immediately realize that you’ve been injured—or that someone else’s actions caused your harm. Florida follows what’s known as the discovery rule, which may allow the statute of limitations to start running from the time the injury was discovered (or reasonably should have been discovered), rather than from the date the harmful event occurred.

This rule is most often seen in medical malpractice cases. For example, if a surgical sponge was left inside a patient’s body but wasn’t discovered until months or years later, the patient may still have a chance to file a lawsuit if they act within two years of discovering the problem. That said, there are outer limits even for these cases, which is why it’s important not to delay.

What Happens if the At-Fault Party Leaves the State

Florida law may also pause the statute of limitations in cases where the person responsible for your injury leaves the state before a lawsuit is filed. This can extend your deadline, but you’ll need to provide proof that the person’s absence made it impossible to serve them with legal papers during the normal filing window.

Exceptions for Injured Minors

When a child is injured, Florida law gives more flexibility in terms of filing deadlines. In most cases, the statute of limitations is paused until the child turns 18. From that point, the child typically has two years to file a lawsuit. However, this is not a blanket rule. Some types of claims, like those involving medical malpractice, have shorter deadlines and stricter limits—even when minors are involved.

Parents or legal guardians may file a claim on behalf of an injured child before the child reaches adulthood. Doing so earlier can help preserve important evidence and improve the child’s chances of receiving fair compensation.

Wrongful Death Claims Follow a Different Deadline

If someone dies as a result of another party’s negligence or intentional actions, Florida law allows surviving family members to file a wrongful death claim. These cases must generally be filed within two years of the person’s death. Unlike some personal injury cases, this deadline is more rigid and often does not allow for discovery rule exceptions.

Because wrongful death cases involve unique legal issues and are subject to strict time limits, families are encouraged to act quickly. A lawyer can help gather the necessary documentation and build a case that reflects the full scope of your loss.

Claims Against Government Entities Have Shorter Time Frames

Suing a government agency in Florida—such as a city or county—comes with its own set of rules. In most cases, you must notify the agency in writing within a limited period (often within six months) before you can file a lawsuit. You then may be required to wait for a response before proceeding with the case.

If you’ve been injured on government property or by a government employee, it’s important to consult an attorney right away. These claims can be complex and involve strict procedural steps that don’t apply to private defendants.

Why You Shouldn’t Wait to File Your Lawsuit

Even if you think you have plenty of time before the statute of limitations expires, waiting can hurt your case in several ways. Evidence can be lost or destroyed. Witnesses’ memories may fade. Insurance companies may use delays against you to challenge your credibility or deny your claim altogether.

Filing your claim sooner rather than later also gives your legal team more time to conduct a proper investigation, gather supporting documentation, and negotiate with the other party. If settlement discussions fail, you’ll still have time to pursue your claim in court.

How to Protect Your Rights After an Injury

If you’ve been injured in Davie or another part of Florida, the first step is to get medical care. Not only is this important for your health, but it also creates documentation that can support your injury claim. After that, speaking with a personal injury attorney can help you understand the full scope of your legal rights.

A lawyer can review your case, determine which filing deadline applies, and take immediate steps to preserve your claim. They can also deal with the insurance companies on your behalf, calculate your potential damages, and help you stay ahead of legal deadlines.

The statute of limitations is a critical part of the personal injury claim process in Florida. Whether your injury was caused by a car accident, a fall on unsafe property, medical negligence, or another incident, acting within the correct time frame is essential. The rules can vary depending on the facts of your case, and recent changes to Florida’s laws make it even more important to get accurate guidance.

Davie Personal Injury Attorneys Who Put You First

At Donaldson & Weston, our personal injury attorneys proudly represent accident victims in Davie. We know how devastating an injury can be, and we’re here to guide you through the legal process with confidence and care. We’ll work to hold negligent parties accountable and fight for the compensation you need to move forward. Contact us today at 866-349-2912  for a free, no-obligation consultation. You don’t pay any legal fees unless we win. When results matter, turn to a team that puts your well-being first.